The final brief has been filed in the case of Concerned Dog Owners of California versus The City of Los Angeles. At issue is the City's law making it illegal to own a puppy or kitten over the age of four months unless it is altered; unless you belong to a Registry approved by the City and show the animal or unless you want to pay $200 and declare yourself a breeder, even though you are not and have no intention of breeding dogs or cats.
In bringing this lawsuit, the Plaintiff's asserted that causing someone to pay money to join a registry which may or may not assert their beliefs is a violation of the Constitution guarantees of right of association. If, for example, you do not choose to be associated with the American Kennel Club and attend American Kennel Club shows, then your dog must be sterilized. No matter that two littermates, owned by the same person, would be treated differently. And going further, a pet owner whose dog is not eligible to join a registry (or which belongs to a registry the City doesn't like) must state that he or she is a breeder of dogs. As we know that term has become very politicized. And in dealing with the City, it is possible to find out who is and is not listed as a breeder.
The Plaintiff's also asserted that there was no rational basis for this law. The City confirmed, in depositions, that in the year before passing the law, they euthanized only 560 cats because they ran out of time and space - and that was in three of the six shelters. The other three euthanized no healthy adoptable animals. Presumably they could have transferred animals and solved the problem.
In the City's response they did not dispute the numbers. The City says it relies on its police powers which are broad and essentially allow it to do anything it wants. They claim there was no responsibility on their part to prove that intactness causes pet overpopulation or mass euthanasia.
CDOC's answering brief was filed on June 22nd and the judge will announce his decision on July 14th. CDOC will appeal this case if the judge rules in favor of the City of Los Angeles.
In bringing this lawsuit, the Plaintiff's asserted that causing someone to pay money to join a registry which may or may not assert their beliefs is a violation of the Constitution guarantees of right of association. If, for example, you do not choose to be associated with the American Kennel Club and attend American Kennel Club shows, then your dog must be sterilized. No matter that two littermates, owned by the same person, would be treated differently. And going further, a pet owner whose dog is not eligible to join a registry (or which belongs to a registry the City doesn't like) must state that he or she is a breeder of dogs. As we know that term has become very politicized. And in dealing with the City, it is possible to find out who is and is not listed as a breeder.
The Plaintiff's also asserted that there was no rational basis for this law. The City confirmed, in depositions, that in the year before passing the law, they euthanized only 560 cats because they ran out of time and space - and that was in three of the six shelters. The other three euthanized no healthy adoptable animals. Presumably they could have transferred animals and solved the problem.
In the City's response they did not dispute the numbers. The City says it relies on its police powers which are broad and essentially allow it to do anything it wants. They claim there was no responsibility on their part to prove that intactness causes pet overpopulation or mass euthanasia.
CDOC's answering brief was filed on June 22nd and the judge will announce his decision on July 14th. CDOC will appeal this case if the judge rules in favor of the City of Los Angeles.
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